Gun rights are near and dear to the hearts of many Americans. The second amendment to the United States Constitution protects our right to arm ourselves to the delight of many gun enthusiasts. The States routinely regulate the way people can exercise their gun rights, even though the U.S. Constitution protects against those rights being infringed. In the debate over guns laws throughout the years, anti-gun factions have been in support of more regulation concerning the way guns can be owned and possessed. I imagine that this is where legislation comes from that makes it a crime to carry concealed weapons, and makes it a more serious crime to carry a concealed gun than to carry some other concealed weapon.
Florida law, specifically Section 790.01 Florida Statutes, makes it a third degree felony to carry a concealed gun or firearm, while carrying other concealed weapons without a permit is only a misdemeanor. This shows the strong stance the State of Florida takes against gun crimes. Carrying a concealed firearm is punishable by up to five years in Florida State Prison. As a Jacksonville criminal defense attorney, I have represented clients charged with Possession of a Concealed Firearm on many occasions. Most often, my client had come into contact with law enforcement after a traffic stop, which under some circumstance or another ends up with the car being searched.
The carrying of a concealed weapon inside a car creates greater potential for viable defenses to the crime of Carrying a Concealed Firearm. Specifically, Section 790.25 Florida Statutes makes it lawful to carry a firearm concealed inside a car, as long as the gun is encased or otherwise not readily accessible. A gun that is securely snapped into a holster that is hidden inside a car is legal, even if the person in possession of the gun does not have a concealed firearm permit. The policy behind this rule is to allow a person to possess weapons, including guns, for lawful self defense. This rule works well with Section 776.013, which states in part:
“(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
If you or a loved one have been charged with a Gun Crime or other offense, our experienced Jacksonville criminal defense attorneys can help you work toward achieving the best outcome in your case. Even if you are simply seeking advice on the legality of something you are considering and there is no current legal issue in your life, we can help guide you. Call the Law Office of David M. Goldman, PLLC at (904) 685-1200 today.